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    Friday, June 09, 2017 00:00
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    Friday, August 25, 2017 08:53
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News

CITY OF EVERETT TO HOST OUTDOOR FAMILY MOVIE NIGHT ON AUG. 4TH

Mayor Carlo DeMaria is please to announce that on Friday, August 4th the City of Everett will be hosting a family movie night at Everett Memorial Stadium at 7:00PM. The featured movie will be The Lego Batman Movie.

The movie will begin at approximately 8:30PM, but attendees are encouraged to come at 7:00PM and enjoy pre movie entertainment with Bonaparte the Magician and Batman along with ice cream provided by the RCN ice cream truck. The City will also provide popcorn and water, so bring a blanket, chairs, bug spray and even a picnic basket and enjoy a movie under the stars with Mayor DeMaria and the City of Everett.

Mayor DeMaria stated, “I invite everyone to come down and enjoy movie night at Everett Memorial Stadium. It promises to be a great time and I hope all our young people can come down and enjoy our first family movie night of the season under the stars.”

In case of inclement weather, the movie will be moved inside to the Connolly Center, 90 Chelsea Street.

 

POST DALEY/NADEAU SJC DECISION AND MASSHEALTH’S MOST RECENT ARGUMENT

The recent Massachusetts Supreme Judicial Court’s decision in the Daley/Nadeau cases essentially stated that a use and occupancy provision in an irrevocable trust did not make the home held in the irrevocable trust “available” and therefore did not make the home countable as an asset in a MassHealth eligibility determination proceeding. That was really good news.

MassHealth is now arguing that such a provision still somehow leads to countable assets in determining MassHealth eligibility even though the only asset in the trust is the home. Here’s its incredulous argument in a nutshell: MassHealth is imputing a monthly fair market rental for the use, occupancy and possession of the home. Let’s say the monthly fair market value rent is $1,500. It then utilizes a Social Security Administration actuarial life expectancy table and determines the life expectancy of the MassHealth applicant. Let’s assume the life expectancy is 7 years. MassHealth will multiply $1,500 x 12 months x 7 years to arrive at a figure of $126,000. It then absurdly argues that this in effect is the countable assets of the applicant. Let’s not even talk about its failure to utilize a “present value of the future cash flows” analysis. In other words, the sum of a future stream of monthly income is simply worth less if you valued it as of today. Why? The time value of money.

Firstly, MassHealth seems to not understand the concept of “net” income. Gross rental income is the starting point. In order to determine the monthly net income that might be available to the applicant if the trust were to rent out the home, you would have to first deduct the monthly real estate taxes, insurance, water and sewer, condo fees, repairs and maintenance, etc. in order to arrive at a net income figure.

MassHealth also is failing to recognize that a spouse is still living in the home, in which case, the home would not be rented out to a third party. The spouse at home would continue to pay for all of the monthly operating expenses. Where is the monthly income benefit available to the applicant to be used for the payment of his or her nursing home expenses in that instance? I don’t see it at all.

MassHealth is attempting to create countable assets that exist today yet net rental income received two years from now is simply not available to be used for nursing home care today, never mind 7 years from now. MassHealth shows no consistency in its analysis of the law. It also shows a complete and total lack of good faith and fair dealing.

As an example, if $500,000 is held in an income only irrevocable trust, no one disagrees that only the net income from that trust must be paid towards the applicant’s nursing home care as part of the PPA (Patient Pay Amount). So, if the interest income for the year was $10,000 and there were no trust expenses, only $10,000 would have to be paid directly to the nursing home each year. Even MassHealth agrees with this rule of construction. MassHealth has never argued under this scenario that you should take $10,000 x 7 years of life expectancy and come up with $70,000 of excess assets of the applicant. Net income is net income. It should not matter whether the trust investment is cash in a bank, a stock portfolio or rental real estate.

The bottom line is the fight will continue due to the advocacy of the elder law bar. If MassHealth goes unchallenged, well-settled Trust law as we know it will be completely marginalized and the elderly will certainly be hurt.

   

Beacon Hill Roll Call

THE HOUSE AND SENATE. Beacon Hill Roll Call records local senators’ votes on the only roll call from the week of May 1-5. There were no roll calls in the House.

$200 MILLION FOR LOCAL ROADS AND BRIDGES (H 3648)

Senate 36-0, gave final approval to and Gov. Charlie Baker signed into law a bill authorizing $200 million in one-time funding for the maintenance and repair of local roads and bridges in cities and towns across the state. The package is a bond bill under which the funding would be borrowed by the state through the sale of bonds. The measure also authorizes $70 million for the completion of the ATLAS, the Registry of Motor Vehicles’ technology system that will replace an archaic system that is 30 years old and difficult to maintain and use.

Supporters said the $200 million would help cities and towns keep their roads and bridges safe. They noted that the money will be delivered early in the construction season and allow many vital municipal road projects to move forward. They said that ATLAS will replace an antiquated, inefficient system and provide better and more efficient services to Registry customers.

“Local transportation funding for cities and towns across Massachusetts has been a priority for our administration since the first day we took office,” said Gov. Baker upon signing the funding. “State support to repair local roads and improve safety is critical for the people, businesses and first responders of Massachusetts.”

(A “Yes” vote is for the bill.)

Sen. Sal DiDomenico      Yes

HOW LONG WAS LAST WEEK’S SESSION? Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legislature’s job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, constituent work and other matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been filed. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session.

During the week of May 1-5, the House met for a total of 30 minutes and the Senate met for a total of 50 minutes.

Mon.   May 1 House  10:03 a.m. to  11:10 a.m.
Senate 11:05 a.m. to  11:10 a.m.

Tues.  May 2 No House session         No Senate session

Wed.   May 3 No House session        Senate  1:18 p.m. to   1:56 p.m.

Thurs. May 4 House  11:05 a.m. to  11:18 a.m.
Senate 11:21 a.m. to  11:28 a.m.

Fri.   May 5      No House session       No Senate session

 

   

Mayor, council candidates pull nomination papers for election

Mayor Carlo DeMaria officially began his campaign for re-election last Friday, taking out papers for nomination.

So far, no challengers have entered the race for mayor.

Other candidates who have pulled out nomination papers include:

Richard Dell Isola (incumbent), John Hanlon (incumbent), Joseph LaMonica, Wayne Matewsky (incumbent), Peter Napolitano (incumbent), Cynthia Sarnie (incumbent) Catherine Tomassi-Hicks, and John Whelan for Councillor-at-Large

Fred Capone (incumbent) for Ward 1 Councillor

Stephanie Martin-Long, Lucas Rosa, and Stephen Simonelli (incumbent) for Ward 2 Councillor

Anthony DiPierro (incumbent) for Ward 3 Councillor

John Leo McKinnon (incumbent) for Ward 4 Councillor

Rosa DiFlorio (incumbent) for Ward 5 Councillor

Michael McLaughlin (incumbent) for Ward 6 Councillor

Richard Baniewicz (incumbent) Bernie D’Onofrio (incumbent) for at-Large School Committee

Alan Panarese (incumbent) for Ward 1 School Committee

Joe LaMonica (incumbent) for Ward 2 School Committee

Frank Parker, Jr. (incumbent) for Ward 3 School Committee

David Ela, Jr. (incumbent) for Ward 4 School Committee

Robert Carreiro for Ward 5 School Committee

Thomas Abruzzese (incumbent) for Ward 6 School Committee

To be nominated for mayor, the papers must be returned with at least 500 signatures, with at least 25 signatures from residents of each of the city’s wards. Every other race requires at least 250 signatures.

Nomination papers became available on May 1. They are due back at the Election Commission office at City Hall, 484 Broadway, Room 34 by July 24.

   

Everett Police arrest three for tagging

Everett Chief of Police Steven A. Mazzie announced the arrest of three local men charged with spray painting graffiti on various locations on Broadway.

Reportedly, on Monday, May 8, 2017, at 1:10 a.m., Everett Patrol Officers John Fitzpatrick and Paul Dusablon were dispatched to the Parlin School area due to a report of three men spray painting a building. A description of the suspects was broadcast to the responding officers. An off-duty Patrol Officer, Jeffrey McCabe, was travelling in his personal vehicle and his attention was drawn to the actions of the three men. The suspects had spray painted three businesses on Broadway. All suspects were subsequently detained and identified and allegedly had cans of spray paint on their persons as well as paint on their hands.

Chief Mazzie stated, “The Everett Police Department takes these acts of destructive behavior that are perpetrated against business, home and city properties seriously. We encourage all residents to report acts of vandalism such as this so that we may investigate and hold those responsible accountable.”

Mayor DeMaria stated, “In Everett, we all take pride in maintaining our property, especially small business owners in our main business district. Most people in this city are respectful and appreciative of the hard work and effort it takes to run a small business and maintain private property. To have these individuals deface these buildings is very disappointing and will not be tolerated. We will prosecute to the fullest extent of the law.”

Arrested without incident were Ryan Downs, 23, of Everett, Nephtali Nunez, 23, of Malden, and Jerry Garcia, 21, of Malden. Each of the suspects was charged with three counts of tagging. The suspects were arraigned in Malden District Court on Monday, May 8.

   

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